Hoping anyone will answer

E

elephant

Registered Users (C)
I filed my GC in dec 2003, my wife is on H1 and lost her job on
spet 2003, she didn't get job till now it is nealy 120 days
after she lost her job, when I am filing for I-40, I-485 can I change her status to H4, and then write in the applicaitons of
I-140, I-485 as H4.
 
I filed my GC in dec 2003, my wife is on H1 and lost her job on
spet 2003, she didn't get job till now it is nearly 120 days
after she lost her job, when I am filing for I-40, I-485 can I change her status to H4, and then write in the applications of
I-140, I-485 as H4.

----- Your post is not clear more info needed

1 Are YOU on H1B and your LC cleared and planning to file I-140, I-485
2 did your wife was also working on H1b?
3 is your wife at present also working on H1B?
4 What date her I-94 is going to expire or her I-94 expired
5 Till what date YOUR H1B or I-94 is valid
6 What is the current status of your WIFE, do you mean she was on H1b and got laid of from the job and sitting at home without job

Any other info you want to share so that e can understand your situation correctly, you just posted a Trailor we need compleate picture to answer you
 
ginnu hope you will answer my question

I am answering all your questions

1 Are YOU on H1B and your LC cleared and planning to file I-140, I-485

A) I am no H1 B, My husbands LC is going to cleared in July/aug 2004, then we have to file our I-140 and I-485 together

2 did your wife was also working on H1b?
A) She lost her job in sept 2003, till now she didn't get placed, and also she is not getting any interviews.

3 is your wife at present also working on H1B?
A) She is on H1 b her I-94 , but not in job

4 What date her I-94 is going to expire or her I-94 expired
A) her I-94 is going to expire in june 2005

5 Till what date YOUR H1B or I-94 is valid
A) till december 2005

6 What is the current status of your WIFE, do you mean she was on H1b and got laid of from the job and sitting at home without job
A) Yes, She is searching but couldn't find any job, because of the job market.
 
sounds like a simple case.

Husband is the primary applicant who is H1B and has job.
Wife's status doesn't matter so long as valid. By the way
currently the wife is 'out of status' since she lost her job.
She should get H4 status immediately. USCIS officer
may question at the final stage (AOS) if her status was not
properly maintained.

You'll have to state her status only in the I-485, so
there're still plenty of time to file H4 status.
 
We had similar problem before. If husband is still on H1 then wife should change to H4 before hit 180 days of losing job.
 
You must log in or register to reply here.
Top